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Decree of the Plenary Session of the Supreme Commercial Court of 17 November 2011 № 73 "On certain questions of the practice of applying the rules of the Civil Code of the Russian Federation to lease contracts"

The Plenary Session has clarified a number of unclear issues in the area of lease contracts, particularly as regards the procedures of public tender for the right to lease State and municipal property. It pointed out, inter alia, that:

  • a lessee having preferential right to conclude a contract for the next term may demand the transfer to himself of the rights and duties under a lease contract that has been concluded with another person as a result of public tender. At the same time, the latter person may claim damages, if the announcement about public tender had contained no indication to the existence of the preferential right;
  • a lessee of State and municipal land who acquired the right of ownership to it is not relieved from the duty to make lease payments up to the moment of registration of the sales-purchase contract. If he leases and subsequently purchases another real estate item rather than a land plot, his duty to make lease payments exists until the full payment of the purchase price.
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Subject areas: 
Civil law  Lease 

 

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